[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Notices]
[Pages 45296-45297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16227]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0053]


Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this 
document provides the public notice that on June 24, 2020, Berkshire 
Scenic Railway Museum (BCRY) petitioned the Federal Railroad 
Administration (FRA) for a waiver of compliance from certain provisions 
of the Federal railroad safety regulations contained at 49 CFR part 
240, Qualifications and Certification of Locomotive Engineers. FRA 
assigned the petition Docket Number FRA-2020-0053.
    Specifically, BCRY seeks a waiver from the requirements of 49 CFR 
240.201(d), Implementation, which states that a railroad can only 
permit qualified locomotive engineers to operate locomotives. BCRY 
seeks to operate a ``hand on the throttle'' charter program and offer 
non-certified individuals the opportunity to operate a diesel-electric 
locomotive under the direct supervision of a certified and qualified 
locomotive engineer. BCRY states the waiver would affect only persons 
who participate in the program and restrictions would be placed on this 
operation.
    The waiver would cover operations on a 2-mile segment of other-
than-main track between mile post (MP) 0.0 and MP 2.0. There are no 
public grade crossings or otherwise hazardous or unusual conditions on 
this segment of track.
    Through a license agreement with the Massachusetts Department of 
Transportation (Mass DOT), BCRY utilizes 5 miles of the Adams 
Industrial Track to provide tourist service on weekends. BCRY's tourist 
operations on this track are at restricted speed, at a maximum of 15 
miles per hour. Mass DOT also has a license agreement with Pan Am 
Railways (PAR) on this same track segment. PAR only operates on the 
Adam Industrial lead on Tuesday and Thursday between 0700 and 1700. 
BCRY must always coordinate with the PAR dispatcher and obtain 
permission prior to occupying the track between MP. 0.0 and MP 5.0 to 
ensure there are no PAR trains on this track segment.
    A copy of the petition, as well as any written communications 
concerning the petition, is available for review online at 
www.regulations.gov.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. If any interested 
parties

[[Page 45297]]

desire an opportunity for oral comment and a public hearing, they 
should notify FRA, in writing, before the end of the comment period and 
specify the basis for their request.
    All communications concerning these proceedings should identify the 
appropriate docket number and may be submitted by any of the following 
methods:
     website: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Communications received by September 10, 2020 will be considered by 
FRA before final action is taken. Comments received after that date 
will be considered if practicable. Anyone can search the electronic 
form of any written communications and comments received into any of 
our dockets by the name of the individual submitting the comment (or 
signing the document, if submitted on behalf of an association, 
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its processes. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-16227 Filed 7-24-20; 8:45 am]
BILLING CODE 4910-06-P